- 1 - HC-KAR NC: 2026:KHC:35864 MFA No. 719 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 719 OF 2016 (MV-I) BETWEEN: M B NAGARAJ S/O LATE BASAVALINGAIAH AGED ABOUT 43 YEARS, R/AT MADENAHALLI, VILLAGE AND POST, GUBBI TALUK, TUMKUR DISTRICT-572 216. …APPELLANT (BY SRI. SHANTHARAJ K., ADVOCATE) AND: 1. SMT ANURADHA W/O K. SUBRAMANYA SHETTY, AGE MAJOR, R/AT NO.S-3, OFFICIAL COLONY, T.B. DAM, HOSPET, BELLARY DISTRICT-583 225. 2. UNITED INDIA INSURANCE CO. LTD., REPRESENTED ITS MANAGER, 1ST FOOR, V.V. SUKHANI COMPLEX, GANDHI CHOWK, RAICHUR-583 101. …RESPONDENTS (BY SRI. A.M. VENKATESH., ADVOCATE FOR R2, V/O DTD:05.03.2018 NOTICE TO R1 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 17.6.2014 PASSED IN MVC Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:35864 MFA No. 719 of 2016 NO.172/2001 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT, ADDITIONAL MACT-5, TUMKUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL HAVING BEEN HEARD AND RESERVED ON 09.07.2026 COMING ON FOR PRONOUNCEMENT OF JUDGMENT THIS DAY, P SREE SUDHA J., DELIVERED THE FOLLOWING: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA CAV JUDGMENT A common order was passed by the Fast Track & Addl. MACT, Tumkur (hereinafter referred as Tribunal) in MVC Nos.172-173/2001 dated 17.06.2014 2. This appeal is filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 17.6.2014 passed in MVC NO.172/2001 on the file of the Presiding Officer, Fast Track Court, Additional MACT-5, Tumkur, for setting aside the judgment and award in so far as fixing the contributory negligence of 50% on the appellant and for enhancing the compensation. 3. The injured claimant met with an accident on 17.10.2000 and filed claim petition claiming compensation - 3 - HC-KAR NC: 2026:KHC:35864 MFA No. 719 of 2016 of Rs.3,00,000/-. The Tribunal observed the entire evidence on record and granted an amount of Rs.2,07,686/- along with interest at the rate of 6% p.a., but held that there was contributory negligence of 50% on the part of the rider of the vehicle and accordingly directed the respondent to deposit Rs.1,03,843/- along with interest at the rate of 6% per annum from date of petition. 4. Aggrieved by the said order, he preferred an appeal and mainly contended that he sustained fracture injuries which are grievous in nature. He was an inpatient for a period of 15 days and spent more than Rs.50,000/- towards medical expenses. But the tribunal granted meager amounts on the other heads. He examined PW2 doctor. He stated that the petitioner sustained 20% permanent disability to the whole body. But the tribunal erred in taking the same as 16%. The Tribunal ought to have taken 48%. Tribunal also granted meager amount for future medical expenses, loss of amenities and other heads and interest is to be granted at the rate of 12%. It - 4 - HC-KAR NC: 2026:KHC:35864 MFA No. 719 of 2016 is further stated that mere travelling of 4 persons does not constitute contributory negligence and no charge sheet is filed against the driver of the bike. As such fixing of 50% contributory negligence is to be set aside. 5. The manner of accident shows that on 17.10.2000 while petitioner was going on his bullet motorcycle bearing Reg No.MES-9680 as a pillion rider riding from Chikkanayakanahalli to Gubbi and when he approached Shivasandra gate, BH road, a lorry bearing No.KA-35-5544 came from opposite direction in a rash and negligent manner and dashed the motorcycle. As a result, he fell down and sustained injuries. He was doing agricultural work and pachamaru business and was earning Rs.3,000/- per month. Respondent No.1 did not appear before the court and was set ex-parte. It is stated that petition is barred for non-joinder of necessary parties. As owner, driver and insurer of the bullet motorcycle were not made as parties. PW2 in his cross examination stated that he was a pillion rider and rider of the vehicle died in the - 5 - HC-KAR NC: 2026:KHC:35864 MFA No. 719 of 2016 accident. He further admitted that totally 4 persons were travelling in the motorcycle at the time of the accident. As per Section 128 of Motor Vehicles Act, 1988, only rider and pillion rider were permitted to travel in a two wheeler. But four persons were travelling in the vehicle and it is in violation of Provisions of the Act and definitely the driver of the vehicle will not have control over the vehicle and thus he might have contributed to the accident. Therefore, this court finds that it is just and reasonable to take the contributory negligence of the driver of the vehicle as 20% and that of the driver of the offending vehicle as 80%. 6. The petitioner filed Ex.P3/wound certificate in which it is stated that he sustained swelling and tenderness over the mandibular region, as well as fracture of left mandible, fracture of right femur, swelling and tenderness over right knee joint and also right shoulder. Ex.P77 is the discharge summary. Further, the Medico Legal Certificate and discharge summary are filed under Ex.P78. The Tribunal granted Rs.24,006/- towards medical - 6 - HC-KAR NC: 2026:KHC:35864 MFA No. 719 of 2016 expenses as per the relevant documents filed by him. The petitioner also examined PW2 doctor. Further, PW2/doctor stated that the whole body disability as 20% and limb disability as 48%. Therefore, the tribunal has taken one third of the same as 16% and this court finds no reason to interfere with the said disability. It was stated that he was aged 27 years and the relevant multiplier is ‘17. The accident occurred in the year 2000 and The Tribunal has rightly considered the income stated by the petitioner. Therefore, the loss of future earning capacity comes to Rs.3,000 x 12 x 17 x 16% = Rs.97,920/- 7. He was admitted in the hospital for a period of 28 + 6 days i.e, 1 month 3 days. Considering the nature of injuries, period of hospitalisation, his occupation and other relevant factors, this court finds that it is just and reasonable to grant an amount Rs.40,000/- for pain and suffering, Rs.25,000/- for loss of amenities, Rs.30,000/- for transportation, extra nourishment and attendant charges. The petitioner might not have attended - 7 - HC-KAR NC: 2026:KHC:35864 MFA No. 719 of 2016 any other work at least for a period of 4 months. Therefore, Rs.12,000/- is to be granted under the head loss of income during laid up period. The Tribunal had already granted Rs.24,000/- towards medical expenses, Rs.15,000 towards future medical expenses, the same is confirmed. 8. Thus in all, components awarded by this court are as below, Sl.Nos. Particulars Amount in Rs. 1 Loss of future income 97,920 2 Pain and suffering 40,000 3 Loss of amenities 25,000 4 Transportation, extra nourishment and attendant charges. 30,000 5 Loss of income during laid down period 12,000 6 Medical expenses 24,006 7 Future medical expense 15,000 Total 2,43,926 - 8 - HC-KAR NC: 2026:KHC:35864 MFA No. 719 of 2016 Hence, the compensation granted by tribunal is enhanced from Rs.2,07,686/- to Rs.2,43,926/- along with interest at the rate of 6% p.a (Out of which, petitioner was entitled only for 50% of the compensation i.e., Rs.1,03,843/- as per the order of the Tribunal). It is already stated that the Insurance Company is liable to pay 80% of the compensation. Therefore, respondent No.2 is directed to pay the balance compensation. 9. In the result, the following order is passed: ORDER i. Appeal is allowed in part. ii. The judgment and award dated 17.06.2014 passed in MVC No.172/2001 on the file of the Fast-Track, Addl. MACT-V, Tumkuru, is modified. iii. The claimant is entitled to a sum of Rs.1,95,140/- (80% of Rs.2,43,926/-) along with interest at 6% p.a., from the - 9 - HC-KAR NC: 2026:KHC:35864 MFA No. 719 of 2016 date of petition till the date of realization, instead of Rs.1,03,843/- granted by the tribunal. iv. Respondent/Insurance Company has already deposited the awarded amount before the tribunal. Therefore, respondent/Insurance Company is directed to deposit the balance compensation along with the interest at the rate of 6% within one month from the date of this order. v. On such deposit, claimant is permitted to withdraw the entire amount along with interest accrued on the same. Sd/- (P SREE SUDHA) JUDGE AKV CT:NR List No.: 1 Sl No.: 56